COMMITTEE ON THE JUDICIARY NINETY-EIGHTH CONGRESS SECOND SESSION ON H.R. 4826 NONCONSENSUAL RECORDING OF TELEPHONE CONVERSATIONS 35-544 O MARCH 8, AND APRIL 5, 1984 Serial No. 46 Printed for the use of the Committee on the Judiciary U.S. GOVERNMENT PRINTING OFFICE WASHINGTON 1984 NONCONSENSUAL RECORDING OF TELEPHONE CONVERSATIONS THURSDAY, MARCH 8, 1984 HOUSE OF REPRESENTATIVES, OF THE COMMITTEE ON THE JUDICIARY, Washington, DC. The subcommittee met at 9:35 a.m. in room 2226, Rayburn House Office Building, Hon. John Conyers, Jr. (chairman of the subcommittee) presiding. Present: Representatives Conyers, Edwards, Gekas, and DeWine. Also present: Thomas W. Hutchison, counsel; Gail E. Bowman, assistant counsel; and Raymond V. Smietanka, associate counsel. Mr. CONYERS. The Subcommittee on Criminal Justice will come to order. This hearing is scheduled around H.R. 4826, nonconsensual recording of telephone conversations, legislation to prohibit the recording by public officers and employees of telephone conversations without the consent of all parties to such conversations. Public attention to this matter stems from press accounts in January reporting that Charles Wick, Director of the U.S. Information Agency, had been secretly taping phone calls placed to and from his office. This activity is considered undesirable because in telephone conversations, Government employees typically operate from a position of greater knowledge than the callers. Allowing the taping can tempt Government employees to manipulate those conversations to their advantage. Also, persons calling Government employees have a reasonable expectation that the exact wording and tone of the conversation is to remain private between the parties to the call. The proposal which we will discuss today exempts from coverage the following: Law enforcement officials engaged in their activities, persons in foreign intelligence and counter intelligence work, those required by the Federal Rules of Criminal Procedure or similar State law to tape record search warrant requests, and specifically certified handicapped persons. Most people, of course, assume that it is illegal for Government officials to tape their phone conversations. It is against the GSA regulations, but not technically illegal. Twelve States already prohibit all persons, not just Government employees, from taping without prior knowledge and consent of all parties. |